SUBGRANTEE REIMBURSEMENT AGREEMENT.PDF

SUBGRANTEE REIMBURSEMENT AGREEMENT
Re: Fuels Reduction Project
This Reimbursement Agreement ("Agreement") is entered into by and between
Maricopa County, through the Department of Emergency Management ("County), and
the Rio Verde Fire District, an Arizona special district. County and the Rio Verde Fire
District are referred to herein as the "Parties."
RECITALS
A. County and the Bureau of Land Management("BLM") have entered into a
Cooperative Agreement #L18AC00046, BLM-AZ Wildland Urban Interface Community
Fire Assistance whereas BLM has agreed to provide grant funding to County through
Catalog of Federal Domestic Assistance (CFDA) # 15.228 to support the Maricopa
County Community Wildfire Protection program,
B. Pursuant to this Subgrantee Reimbursement Agreement, County will
reimburse certain Arizona special districts for approved costs and expenses incurred in
connection with the Maricopa County Community Wildfire Protection Program.
AGREEMENT
For good and valuable consideration, the receipt and adequacy of which is
mutually acknowledged, the Parties agree as follows:
1. Recitals. The Recitals are a material part of this Agreement.
2. Reimbursement Award. County hereby awards the Rio Verde Fire District
the not to exceed amount of $ 9,000.00 (nine thousand dollars) for a Fuels Reduction
Project.
3. Use of Funds. The Rio Verde Fire District shall use the award in strict
compliance with the guidance found in the www.cfda.cov-15.228 for the National Fire
Plan and in accordance with the President's Healthy Forest Initiative. The efforts under
this assistance agreement must follow the goals of the Maricopa County Community
Wildfire Protection Plan which are to reduce the risk of catastrophic fire to wildland
urban interface communities, and to promote community involvement. The acceptable
use of funds include costs related to activities such as removal of dead trees, promoting
and teaching defensible space, and brush removal. To ensure reimbursement, prior
approval must be obtained from the Maricopa County Department of Emergency
Management.
4. Reimbursement Period, The reimbursement period is effective August 1,
2019 and expires November 30, 2019.
5. Reimbursement Requests. Each request for reimbursement shall be in
writing and addressed to Maricopa County Department of Emergency Management,
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Attention: Finance Manager, 5630 E. McDowell Rd, Phoenix, Arizona 85008. Each
request shall (1) specify the grant agreement number stated above, (2) the project
name and number, (3) the dollar amount of reimbursement requested, (4) the name,
address, and point of contact to receive the reimbursement, and (5) enclose all backup
documentation, such as invoices, proofs of purchase, proofs of payment, receipts,
purchase orders, canceled checks, and, if applicable, product specifications.
Reimbursement requests shall be made no less than on a quarterly basis and must be
received by September 30,2019. The Rio Verde Fire District will be reimbursed for only
the amount actually spent on authorized and approved matters. Total reimbursement
shall not exceed the reimbursement amount in Paragraph 2 above.
6. No Assignment. The Rio Verde Fire District may not assign this
Agreement or delegate any obligation under this Agreement to any third party.
7. Modification. This Agreement expresses the entire agreement between
the Parties. No modification of this Agreement is valid or enforceable unless it is in
writing and signed by the Parties.
8. Effective Date. This Agreement is effective when signed by the Parties.
9. Availability of Funds. Reimbursement under this Agreement is
conditioned upon the availability of funds appropriated and allocated by BLM for the
payment of such reimbursement. If reimbursement funds are not available to County for
any reason, County may terminate this Agreement. If this Agreement is terminated or if
reimbursement funds are not available, County shall have no liability to the Rio Verde
Fire District whatsoever, and County shall not be obligated to pay or be liable to the Rio
Verde Fire District for any pending or future reimbursement request or for any damages
the Rio Verde Fire District incurs as a result of the termination of this Agreement or the
failure of County to reimburse the Rio Verde Fire District.
10. No Liability. County and its officers, officials, agents, and employees shall
not be liable for any act or omission by the Rio Verde Fire District and its officers,
officials, agents, employees, or volunteers that occurs in connection with this
Agreement, and County shall not be liable for any purchase or other agreement made
by the Rio Verde Fire District in connection with this Agreement or in anticipation of
reimbursement. Nothing in this Agreement may be construed as creating a partnership,
joint venture, or any other agency-type relationship between County and the Rio Verde
Fire District. The Rio Verde Fire District is not an officer, employee, or agent of County.
11. Indemnification. To the extent permitted by law, the Rio Verde Fire
District, as indemnitor, agrees to indemnify, defend, and hold harmless County, as
indemnitee, from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "claims")
arising out of bodily injury of any person (including death) or property damage, but only
to the extent that such claims are caused by the act, omission, negligence, misconduct,
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or other fault of the Rio Verde Fire District and its officers, officials, agents, employees,
or volunteers.
12. Termination. County may terminate this Agreement if the Rio Verde Fire
District fails to comply with any term of this Agreement. Upon termination, County shall
not be obligated to reimburse the Rio Verde Fire District for any pending or future
reimbursement request or any other unpaid costs or expenses.
13. Certification Reoardino Debarment and Suspension. The undersigned
(authorized official signing for the Contractor) certifies to the best of his or her
knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transaction by any Federal
Department or agency;
B. Have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a pubic (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal, State antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, or receiving stolen property;
C. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (B) of this certification ; and
D. Have not within a 3-year period preceding this Contract had one or more
public transactions (Federal, State and local) terminated for cause or default.
a. Should the Contractor not be able to provide this certification, an
explanation as to why should be attached to the Contract.
b. The Contractor agrees to include, without modification, this clause in
all lower tier covered transactions (i.e. transaction with subcontractors)
and in all solicitations for lower tier covered transaction related to this
Contract.
14. Notices. All notices and demands between the Parties under this
Agreement shall be in writing and hand-delivered or sent by prepaid certified mail,
return receipt requested, through the United States Postal Service to the following:
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15. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-
511.
16. Representation on Authority of Parties/Signatories. Any individual
executing this Agreement on behalf of a Party represents and warrants to the other
Party they are duly authorized to execute this Agreement on behalf of such Party, and
that upon their signature this Agreement shall be binding upon the Parties.
Maricopa County
Michael Winters
Maricopa County Dept of Emergency Management
5630 E. McDowell Rd.
Phoenix, Arizona 85008
Phone 602-273-1411
Rio Verde Fire District
• Fire Chief Jay Ducote
Rio Verde Fire District
25608 North Forest Road
Rio Verde, AZ 85263
MARICOPA COUNTY RIO VERD FIRE DISTRICT
By By
844,4-.A.1
Date Date 7/7-Ve- 41/
BOARD OF SUPERVISORS CLERK OF THE BOARD
By By
Date Date /
COUNTY ATTORNEY
By
Date
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